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decision. If unusual circumstances prevent the completion of the review 
within the 30-day period, the Agency shall, prior to the expiration of 
the 30-day period, advise the individual in writing of the circumstances 
preventing the completion of such review and inform him or her of the 
date by which the review is expected to be completed.
  (g) If the reviewing official determines that the record should be 
amended in accordance with the individual's request, the Agency shall:
  (1) Amend the record accordingly;
  (2) Advise the individual of the amendment; and
  (3) Where an accounting of disclosures has been made, advise all 
previous recipients of the fact that the amendment was made and the 
nature of the amendment.
  (h) If, after conducting the review, the reviewing official refuses to 
amend the record, in whole or in part, in accordance with the 
individual's request, Agency shall advise the individual:
  (1) Of its refusal and the reasons therefor;
  (2) Of the individual's right to file a concise statement of his or 
her reasons for disagreeing with the Agency's decision;
  (3) Of the procedures for filing a statement of disagreement;
  (4) That any such statement will be sent to anyone to whom the record 
is subsequently disclosed, together with a brief statement by the Agency 
summarizing its reasons for refusing to amend the record;
  (5) That to the extent an accounting of disclose was maintained, prior 
recipients of the disputed record will be provided a copy of any 
statement of disagreement and of the Agency's statement summarizing its 
reasons for refusing to amend the record; and
  (6) Of the individual's right to seek judicial review of the Agency's 
refusal to amend a record as provided for in section (g)(1)(a) of the 
Act.


   Sec. 215.10  Disclosure of record to person other than the individual 
   to whom it pertains.

  (a) Subject to the conditions of paragraphs (b) and (c) of this 
section, the Agency shall not disclose any record which is contained in 
a system of records by any means of communication to any person or other 
agency who is not the individual to whom the record pertains.
  (b) Upon written request or with prior written consent of the 
individual to whom the record pertains, the Agency may disclose any such 
record to a person or to another agency as requested or authorized.
  (c) Notwithstanding the absence of written consent from the individual 
to whom the record pertains, the Agency may disclose any such record 
provided such disclosure is:
  (1) To those officers and employees of the Agency who have a need for 
the record in the performance of their duties;
  (2) Required under the Freedom of Information Act (5 U.S.C. 552);
  (3) For a routine use as defined in Sec. 215.2;
  (4) To the Bureau of the Census for purposes of planning or carrying 
out a census or survey or related activity pursuant to the provisions of 
Title 13 of the United States Code;
  (5) To a recipient who has provided the Agency with adequate advance 
written assurance that the record will be used solely as a statistical 
research or reporting record, and the record is to be transferred in a 
form that is not individually identifiable;
  (6) To the National Archives of the United States as a record which 
has sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for evaluation by the 
Administrator of General Services or his or her designee, to determine 
whether the record has such value;
  (7) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity authorized by law: Provided, 
The head of the agency or instrumentality has made a prior written 
request to the Assistant Administrator of Administration or the Privacy 
Liaison Officer, specifying the particular record and the law 
enforcement activity for which it is sought;
  (8) To a responsible person pursuant to a showing of compelling 
circumstances affecting the health or safety of an individual if upon 
such disclosure notification will be transmitted to the last known 
address of such individual;
  (9) To either House of Congress, or, to the extent of a matter within 
its jurisdiction, any committee or subcommittee, or joint committee of 
Congress, or subcommittee of such joint committee;
  (10) To the Comptroller General, or any of his/her authorized 
representatives, in the course of the performance of the duties of the 
General Accounting Office;
  (11) Pursuant to an order of a court of competent jurisdiction or;
  (12) To a consumer reporting agency in accordance with section 3711(f) 
of Title 31.


   Sec. 215.11  Fees.

  (a) The only fees to be charged to or collected from an individual 
under the provisions of this part are for copying records at the request 
of the individual.
  (b) No fees shall be charged or collected for the following: Search 
for and retrieval of the records; review of the records; copying at the 
initiative of the Agency without a request from the individual; the 
first 100 pages; and first-class postage. However if special handling or 
other than first-class mail is requested or required, the costs shall be 
added to the basic fee.
  (c) The copying fees prescribed in paragraph (a) of this section are:

   Ten (10) cents per page. Twenty (20) cents per page of computer 
printout.

  (d) Payment may be in the form of a check, bank draft on a bank in the 
United States, or postal money order payable to the Treasurer of the 
United States.
  (e) A receipt for fees paid will be given only upon request.
  (f) A copying fee totaling $15.00 or less shall be waived but the 
copying fees for contemporaneous requests by the same individual shall 
be aggregated to determine the total fee.
  (g) A fee may be reduced or waived by the Privacy Liaison Officer.


   Sec. 215.12  Penalties and remedies.

  The provisions of the Act relating to penalties and remedies are 
summarized below:
  (a) An individual may bring a civil action against the Agency when the 
Agency:
  (1) Makes a determination not to amend a record in accordance with the 
individual's request;
  (2) Refuses to comply with an individual's request pursuant to 5 
U.S.C. 552a(d)(1);
  (3) Fails to maintain a record concerning an individual with such 
accuracy, relevance, timeliness and completeness as is necessary to 
assure fairness in any determination relating to the qualifications, 
character, rights, or opportunities of, or benefits to the individual 
that may be made on the basis of such record, and as a result thereof a 
determination is made which is adverse to the individual; or
  (4) Fails to comply with any other provision of section (d) of the Act 
in such a way as to have an adverse effect on an individual.
  (b) The court may order the correction or amendment of the records, 
may enjoin the Agency from withholding the records, may order the Agency 
to produce any records improperly withheld, and may assess attorney's 
fees and costs.
  (c) Where a court of competent jurisdiction makes a determination that 
the Agency action was willful or intentional with respect to 5 U.S.C. 
552a(g)(1) (c) or (d), the United States shall be liable for actual 
damages of no less than $1,000, the costs of the action, and attorneys' 
fees.
  (d) Criminal penalties may be imposed against an officer or employee 
of the Agency who willfully discloses material which he or she knows is 
prohibited from disclosure, or who maintains a system of records without 
complying with the notice requirements.
  (e) Criminal penalties may be imposed against any person who knowingly 
and willfully requests or obtains any record concerning an individual 
from an agency under false pretenses. The offenses enumerated in 
paragraphs (d) and (e) of this section are misdemeanors, with fines not 
to exceed $5,000.


   Sec. 215.13  General exemptions.

  (a) Pursuant to 5 U.S.C. 552a(j)(2), the Director or the Administrator 
may, where there is a compelling reason to do so, exempt a system of 
records within the Agency from any part of the Act, except subsections 
(b), (c) (1) and (2), (e)(4)(A) through (F), (e) (6), (7), (9), (10), 
and (11), and (i) thereof, if the system of records is maintained by the 
Agency or component thereof which performs as its principal function any 
activity pertaining to the enforcement of criminal laws, including 
police efforts to prevent, control, or reduce crime or to apprehend 
criminals, and the activities of prosecutors, courts, correctional, 
probation, pardon, or parole authorities, and which consists of:
  (1) Information compiled for the purpose of identifying individual 
criminal offenders and alleged offenders and consisting only of 
identifying data and notations of arrests, the nature and disposition of 
criminal charges, sentencing, confinement, release, and parole and 
probation status;
  (2) Information compiled for the purpose of a criminal investigation, 
including reports of informants and investigators, and associated with 
an identifiable individual; or
  (3) Reports identifiable to an individual compiled at any stage of the 
process of enforcement of the criminal laws from arrest or indictment 
through release from supervision.
  (b) Each notice of a system of records that is the subject of an 
exemption under this section will include a statement that the system 
has been exempted, the reasons therefore, and a reference to the Federal 
Register, volume and page, where the exemption rule can be found.
  (c) The systems of records to be exempted under section (j)(2) of the 
Act, the provisions of the Act from which they are being exempted, and 
the justification for the exemptions, are set forth below:
  (1) Criminal Law Enforcement Records. This system of records is to be 
exempted from sections (c) (3) and (4); (d); (e) (1), (2), and (3); (e) 
(4) (G), (H), and (I); (e) (5) and (8); (f), (g) and (h) of the Act. 
These exemptions are necessary to insure the proper functioning of the 
law enforcement activity, to protect confidential sources of 
information, to fulfill promises of confidentiality, to maintain the 
integrity of the law enforcement procedures, to avoid premature 
disclosure of the knowledge of criminal activity and the evidentiary 
bases of possible enforcement actions, to prevent interference with law 
enforcement proceeding, to avoid the disclosure of investigative 
techniques, and to avoid the endangering the law enforcement personnel.


   Sec. 215.14  Specific exemptions.

  (a) Pursuant to 5 U.S.C. 552a(k), the Director or the Administrator 
may, where there is a compelling reason to do so, exempt a system of 
records, from any of the provisions of subsections (c)(3); (d); (e)(1); 
(e)(4) (G), (H), and (I); and (f) of the Act if a system of records is:
  (1) Subject to the provisions of 5 U.S.C. 552(b)(1);
  (2) Investigatory material compiled for law enforcement purposes, 
other than material within the scope of subsection (j)(2) of the Act: 
Provided, however, That if any individual is denied any right, 
privilege, or benefit to which he or she would otherwise be eligible, as 
a result of the maintenance of such material, such material shall be 
provided to such individual, except to the extent that the disclosure of 
such material would reveal the identity of a source who furnished 
information to the Government under an express promise that the identity 
of the source would be held in confidence, or prior to the effective 
date of this section, under an implied promise that the identity of the 
source would be held in confidence;
  (3) Maintained in connection with providing protective services to the 
President of the United States or other individuals pursuant to 18 
U.S.C. 3056;
  (4) Required by statute to be maintained and used solely as 
statistical records;
  (5) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access to 
classified information, but only to the extent that the disclosure of 
such material would reveal the identity of a source who furnished 
information to the Government under an express promise that the identity 
of the source would be held in confidence, or, prior to the effective 
date of this section, under an implied promise that the identity of the 
source would be held in confidence;
  (6) Testing or examination material used solely to determine 
individual qualifications for appointment or promotion in the Federal 
service, the disclosure of which would compromise the objectivity or 
fairness of the testing or examination process; or
  (7) Evaluation material used to determine potential for promotion in 
the armed services, but only to the extent that the disclosure of such 
material would reveal the identity of a source who furnished information 
to the Government under an express promise that the identity of the 
source would be held in confidence, or, prior to the effective date of 
this section, under an implied promise that the identity of the source 
would be held in confidence.
  (b) Each notice of a system of records that is the subject of an 
exemption under 5 U.S.C. 552a(k) will include a statement that the 
system has been exempted, the reasons therefore, and a reference to the 
Federal Register, volume and page, where the exemption rule can be 
found.
  (c) The systems of records to be exempted under section (k) of the 
Act, the provisions of the Act from which they are being exempted, and 
the justification for the exemptions, are set forth below:
  (1) Criminal Law Enforcement Records. If the 5 U.S.C. 552a(j)(2) 
exemption claimed under paragraph (c) of Sec. 215.13 and on the notice 
of systems of records to be published in the Federal Register on this 
same date is held to be invalid, then this system is determined to be 
exempt, under 5 U.S.C. 552(a)(k) (1) and (2) of the Act, from the 
provisions of 5 U.S.C. 552a (c)(3); (d); (e)(1); (e)(4); (G); (H); (I); 
and (f). The reasons for asserting the exemptions are to protect the 
materials required by executive order to be kept secret in the interest 
of the national defense or foreign policy, to prevent subjects of 
investigation from frustrating the investigatory process, to insure the 
proper functioning and integrity of law enforcement activities, to 
prevent disclosure of investigative techniques, to maintain the ability 
to obtain necessary information, to fulfill commitments made to sources 
to protect their identities and the confidentiality of information and 
to avoid endangering these sources and law enforcement personnel.
  (2) Personnel Security and Suitability Investigatory Records. This 
system is exempt under 5 U.S.C. 552a (k)(1), (k)(2), and (k)(5) from the 
provisions of 5 U.S.C. 552a (c)(3); (d); (e)(1); (e)(4); (G); (H); (I); 
and (f). These exemptions are claimed to protect the materials required 
by executive order to be kept secret in the interest of national defense 
or foreign policy, to prevent subjects of investigation from frustrating 
the investigatory process, to insure the proper functioning and 
integrity of law enforcement activities, to prevent disclosure of 
investigative techniques, to maintain the ability to obtain candid and 
necessary information, to fulfill commitments made to sources to protect 
the confidentiality of information, to avoid endangering those sources 
and, ultimately, to facilitate proper selection or continuance of the 
best applicants or persons for a given position or contract. Special 
note is made of the limitation on the extent to which this exemption may 
be asserted.
  (3) Litigation Records. This system is exempt under 5 U.S.C. 
552(k)(1), (k)(2), and (k)(5) from the provisions of 5 U.S.C. 
552a(c)(3); (d); (e)(1); (e)(4) (G), (H), (I); and (f). These exemptions 
are claimed to protect the materials required by executive order to be 
kept secret in the interest of national defense or foreign policy, to 
prevent subjects of investigation from frustrating the investigatory 
process, to insure the proper functioning and integrity of law 
enforcement activities, to prevent disclosure of investigative 
techniques, to maintain the ability to obtain candid and necessary 
information, to fulfill commitments made to sources to protect the 
confidentiality of information.
  (4) Employee Equal Employment Opportunity Complaint Investigatory 
Records. This system is exempt under 5 U.S.C. 552a(k)(1) and (k)(2) from 
the provisions of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4) (G), (H), 
(I); and (f). These exemptions are claimed to protect the materials 
required by executive order to be kept secret in the interest of 
national defense or foreign policy, to prevent subjects of investigation 
from frustrating the investigatory process, to insure the proper 
functioning and integrity of law enforcement activities, to prevent 
disclosure of investigative techniques, to maintain the ability to 
obtain candid and necessary information, to fulfill commitments made to 
sources to protect the confidentiality of information, to avoid 
endangering these sources.
  (5) The following systems of records are exempt under 5 U.S.C. 
552a(k)(5) from the provision of 5 U.S.C. 552a(c)(3); (d); (e)(1); 
(e)(4) (G), (H), (I); and (f):
  (i) Employee Conduct and Discipline Records.
  (ii) Employee Relations Records.

This exemption is claimed for these systems of records to maintain the 

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